ZBA Mtg. #12 Reg. Mtg. #12 December 20, 2005 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the December 20, 2005 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Donald Holmwood Robert Lennartz
Joseph Liberti
Jo Ann Litwin
Mark Dietrick, Alternate
OTHERS PRESENT: David Holland, Building Inspector
J. Michael Wolf, Deputy Town Attorney
Rosemary Seivert, Zoning Board Secretary
The members recited the Pledge of Allegiance and the Chairman called the meeting to order at 7:30 p.m., stating that if anyone appearing before the Board was related through family, financial or business relationship with any member of the Board, it is incumbent upon him to make it known under State Law and the Town Code of Ethics.
APPROVAL OF THE MINUTES OF THE NOVEMBER, 2005 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the November 15, 2005 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Mr. Lennartz made a MOTION, seconded by Liberti, to accept the minutes of the November 15, 2005 meeting as presented.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
LIBERTI AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE IS UNANIMOUSLY PASSED.
The Chairman stated that all persons making an appeal before this Board would be heard in accordance with the Town Laws of the State of New York, Article 16, Sections 267, 279 and 280a, Subdivision 3, and the Town of Orchard Park Zoning Ordinance. Any person aggrieved by any decision of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal, specifying the grounds of the illegality. Such petition must be presented to the court within 30 days after filing of the decision in the office of the Town Clerk.
ZBA Mtg. #12 Reg. Mtg. #12 December 20, 2005 Page 2
The Chairman stated that site inspections of all cases presented tonight were made by:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
DIETRICK AYE
NEW BUSINESS
1. ZBA File #55-05 ZBA File #55-05, Robert J. Mulhisen/Boston Valley Terra Cotta, 6860 S. Abbott Road, Zoned A-1 (Part of Farm Lot 25, Township 9, Range 7; SBL#197.00-1-12.1). Requests a variance to extend a non-conforming use for an office building addition. A non-conforming use may not be extended except within the same building, Section 144-60. Note: This is a modified request for a variance that was granted on 12/21/04 and has expired, per Section 144-63D(2)(d).
APPEARANCE: Mr. John Krouse, Owner of Boston Valley Terra Cotta
Mrs. Patricia Bittar, William Schutt & Associates
The Chairman asked the applicant to explain the proposed modification. Mrs. Bittar told the Board that the footprint of the building has been reduced and that the building will be located approximately 32+/- feet from the R.O.W. This is an additional 26+/- feet from the current setback. She explained that there is not enough space to meet the front yard setback requirement of 75 feet from the current setback and that there is not an alternative location to place the building to obtain the required setback distance. Mr. Krouse submitted photos for the Board to be review, explaining that the design was revised to ascetically blend into the character of the area.
The members’ questions established that the building will have terrace cotta on all four sides and that the facility will have approximately 110 employees. This is the final phase of the project.
Mr. Orffeo noted that the request is not a substantial change from the previously approved variance request. He discussed the amount of time the applicant would need before he began construction and it was determined that 1 year will be required.
Ms. Litwin made a motion, seconded by Mr. Holmwood, that this is an Unlisted action and that a Negative Declaration under SEQR be made based on the submitted short EAF.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
ZBA Mtg. #12 Reg. Mtg. #12 December 20, 2005 Page 3
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
(Twice)
NO RESPONSE
The Chairman then asked if the Secretary had received any additional communications either for or against granting the variance.
The Secretary stated that the Erie County Planning Department responded and they have no recommendation; the proposed action has been reviewed and determined to be of local concern.
The Chairman noted that the applicant is a good corporate citizen. He welcomes the proposed addition to the Town.
Mr. Lennartz made a MOTION, seconded by Mr. Liberti to GRANT the variance with a STIPULATION for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. The benefit cannot be achieved in some other way.
3. The request is not substantial.
4. There will be no adverse effect on the environmental conditions.
5. The difficulty was not self created.
This variance is granted with the following stipulation:
1. The variance is granted for a period of 1 year; it will expire on 12/31/06.
ZBA Mtg. #12 Reg. Mtg. #12 December 20, 2005 Page 4
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
The Chairman welcomed several students from the Orchard Park High School AP Government class.
The Chairman presented Mr. Dietrick with a “Certificate of Appreciation” from the Zoning Board of Appeals members and thanked him for his dedication and hard work as a board member from September 2004 to December 2006 and wished him well as he moves up to the position of Councilman.
There being no further business to be presented to the Board at this time, the Chairman, Remy C. Orffeo adjourned the meeting at 7:50 p.m.
DATED: January 26, 2006 Respectfully submitted,
REVIEWED: January 26, 2006 Rosemary Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman